'No, You Can't have His Pension' |
Publication | Sunday Times |
Date |
2005-02-06 |
Reporter |
Paddy Harper |
Web Link |
Corruption accused Schabir Shaik has no valid claim to Deputy President Jacob Zuma's pension, as he has previously alleged in court.
This emerged on Friday after intimate details of Zuma's pension plan were admitted to the court record along with prosecutor Billy Downer's heads of argument on the admissibility of disputed documents.
Last year, Shaik's defence counsel, Francois van Zyl, told the Durban High Court his client expected to be paid by Zuma out of his pension.
After introducing a copy of a "revolving loan agreement" for R2-million between Shaik and Zuma, Van Zyl later said Shaik would tell the court he believed he had an option on Zuma's state pension once he retired from public office.
"As far as he was aware, Zuma should have no problem to pay [Shaik] what is owed to him when he becomes entitled to his pension lump sum," Van Zyl said at the time.
"He will say that as far as he is aware of Zuma's financial position, there is no way that Zuma should not be able to pay him."
According to an affidavit submitted by an administrator of the Political Office-Bearers' Pension Fund, Melvyn Hendrickse, Zuma's pension stands at R3704348 if he retires at the end of this year. This figure increases to R5417765 if he serves a full term as deputy president until 2009 and then retires.
Of this, only a third may be taken as a lump sum — in both cases less than the amount he owes Shaik.
Hendrickse said in his affidavit that a claim by a third party (Shaik) based on a contract with Zuma for a loan would contravene the Pension Funds Act.
The only exceptions to this were for a housing loan, a divorce settlement or if the member (Zuma) had confessed to dishonesty and was paying damages.
But Zuma had made no attempt to allow Shaik to claim against his pension.
"The fund has not been requested to endorse its records to reflect any claim by a third party against Mr Zuma," Hendrickse said.
He added that Zuma had not lodged any beneficiary nomination with the fund.
With acknowledgements to Paddy Harper and the Sunday Times.